The Punjab and Haryana High Court recently observed that false assertions should be discouraged by parties while they come to the Court seeking reliefs. The Court observed the same in connection with a case of a woman who hid her job details and her earnings in a maintenance plea filed by her under Section 125 of CrPC.

The petitioner-woman Ritu had moved the High Court against the order of the Court of Additional Principal Judge (Family Court), Ambala ordering an inquiry against the petitioner into an offence under Section 191 IPC punishable under Section 193 for concealing her income while seeking maintenance from her husband.

During her deposition before the court, she maintained the same stand of having no income but when she was confronted with the record relating to her job, she admitted that she was working as an Assistant Professor on a monthly salary of Rs.28,000/- per month.

The petitioner took up the job on July 3, 2017 whereas she had moved an application under Section 125 Cr.PC on July 26, 2017 whereing she had stated that she does not have any source of income or property to support herself or her daughter.

Therefore, holding that she had given false evidence in the proceedings under Section 125 Cr.PC, the Court below came to the conclusion that it was expedient in the interest of justice that an inquiry should be made for having committed an offence under Sections 191 IPC punishable under Section 193 IPC.

The Court remarked that a petition under Section 125 Cr.PC is filed by a person who is unable to maintain herself or her children on account of lack of sufficient means and thus, the Court added, it becomes the foremost duty of the party claiming maintenance to disclose to the Court her actual financial status so as to enable the Court to come to a conclusion as to the quantum of maintenance to be paid, if any.